Victorian Hospitals' Industrial Association
[2025] FWCA 2269
•10 JULY 2025
| [2025] FWCA 2269 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Victorian Hospitals' Industrial Association
(AG2025/1863)
BREASTSCREEN VICTORIA INC ENTERPRISE AGREEMENT 2025-2028
| Health and welfare services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 10 JULY 2025 |
Application for approval of the BreastScreen Victoria Inc Enterprise Agreement 2025-2028
An application has been made for approval of an enterprise agreement known as the BreastScreen Victoria Inc Enterprise Agreement 2025-2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Victorian Hospitals’ Industrial Association on behalf of BreastScreen Victoria Inc (Employer). The Agreement is a single enterprise agreement.
There is a minor difference between the title of the Agreement and the Notice of Employee Representational Rights. I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Health Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 17 July 2025. The nominal expiry date of the Agreement is 31 December 2028.
DEPUTY PRESIDENT
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Annexure A
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